Patna High Court
Chandan Kumar @ DeepakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is granted to the petitioner subject to the conditions stipulated under Section 480(3) of the B.N.S.S. and the court’s attendance requirements.
Summary
Chandan Kumar was implicated in a robbery case (Section 392 IPC) where two assailants, at gun‑point, allegedly snatched Rs 64,470. The petitioner contended that he was falsely implicated, not named in the FIR, that no incriminating material or identification parade was conducted, and that the chargesheet lacked substantive evidence. The State argued that the petitioner is a habitual offender involved in several similar cases. Considering the framing of charge, the petitioner’s prolonged custody since December 2023, and the absence of material linking him to the offence, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and attendance requirements. The order releases the petitioner from custody pending trial.
Issues considered
- Whether bail should be granted in a robbery case under Section 392 IPC given the nature of the offence and the evidence on record.
- Whether the petitioner’s alleged false implication, lack of inclusion in the FIR, and absence of an identification parade justify granting bail.
- Whether the petitioner’s prior criminal history and alleged habitual nature preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- identification parade
- chargesheet
- habitual offender
- sureties
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6637 of 2026
Arising Out of PS. Case No.-360 Year-2023 Thana- BIBHUTIPUR District- Samastipur
======================================================
Chandan Kumar @ Deepak S/o Ram Dayal Singh, R/o Village - Basadiya, P.S
- Dalsinghsarai, District - Samastipur, Pin - 848101.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bibhutipur P.S. Case No. 360 of 2023 dated
09.09.2023, registered for the offence punishable under Section
392 of the Indian Penal Code.
3. As per the prosecution case, two miscreants
riding a motorcycle, at gun-point, snatched Rs. 64,470/- from
the informant. The name of the petitioner transpired in this case
during investigation for being involved in the said occurrence.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case and he is not named in the FIR. Nothing
incriminating has been recovered from person or possession of
this petitioner. The petitioner has been named in this case on the
Patna High Court CR. MISC. No.6637 of 2026(2) dt.04-02-2026
2/3
basis of his confessional statement in some other case. The
petitioner has not been put to any test identification parade. The
chargesheet has been submitted without any substantive
material. Learned counsel next submits that petitioner has been
made accused in altogether seven cases in which he is on bail in
four cases. Learned counsel further submits that all these cases
have been registered in the year 2023 itself and it shows the
high-handedness of the police. Learned counsel lastly submits
that petitioner is in custody since 12.12.2023 and charges have
been framed.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that petitioner appears to be a habitual offender and is
accused in a number of similar type of cases.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
framing of charge against the petitioner and his period of
custody, the petitioner, above-named, is directed to be released
on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Rosera, Samastipur / concerned Court, in connection with
Patna High Court CR. MISC. No.6637 of 2026(2) dt.04-02-2026
3/3
Bibhutipur P.S. Case No. 360 of 2023, subject to the condition
laid down under Section 480(3) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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